TERMS AND CONDITIONS OF ACCESS AND USE FOR THE CANO SERVICE (the “T.C.A.U.”)
SECTION 1
PURPOSE OF THE CANO SERVICE
1.1 CANO is a self-service container system (the “Service”).
1.2 The Service was established and is managed by Contenants CANO inc. (the “Provider”).
SECTION 2
ORGANIZATION OF THE CANO SERVICE
2.1 The Service is comprised of mobile application (“Application”), containers (“Container”) and collection bins (“Collection Bin”). The Application is used to borrow and return containers.
2.2 The Service allows users to rent a Container and return it in a Collection Bin.
SECTION 3
ONE-WAY RENTAL
3.1 One-way rentals are valid for 7 days.
3.2 The user must first register on the Application, fill out the registration form, add a valid credit card number to their account, and create a personal ID number. Access to the Service and the personal ID number are strictly personal and enable the user to utilize the Service according to the terms and conditions set forth herein.
SECTION 4
MEMBERSHIPS
4.1 The registration of the user is valid during the service for a non-determined period of time.
4.2 A registration form is available and may be completed via the CANO mobile application. The user must accept the Service’s terms and conditions of use.
4.3 The user may not be reimbursed for any unused credits. Debits remain due and must be paid.
4.4 Service membership and the associated personal ID number are strictly personal and enable the user to utilize the Service according to the terms and conditions set forth herein.
4.5 The user may cancel Service membership, at any time, via the mobile application.
SECTION 5
COST AND PAYMENT TERMS
5.1 The price of a one-way container borrow is free of charge if returned before 7 days. The user pays the Service use rate (see Section 7.3) based on the length of time the Service is used.
5.2 Users who exceed the first 7 days of use will be billed a total amount of $10 plus applicable taxes for the Permitted Period of Continuous Use (as defined in Section 8.1).
5.3 Users who return a container between 7 and 14 days will be automatically reimbursed. Therefore, the user has an additional 7-day period to return a container.
5.4 After the 14-day period, the 10$ charge is effective and no reimbursement is possible.
5.5 Preauthorization and Payment of Sums Due:
5.5.1 In all cases, the user acknowledges and agrees that, for each borrow, a $10 preauthorization could be held on the user’s credit card and that said preauthorization may take a certain amount of time to be released (in accordance with the policies of his/her banking institution).
5.5.2 The amount owed by the user is paid at the end of the Permitted Period of Continuous Use, by debiting the credit card used to purchase his/her membership. If the Service was used multiple times during the use period, the cumulative amount owed by the user will be charged in one single transaction at the end of the Permitted Period of Continuous Use. If the credit card payment is refused, the amount owed will be directly deducted from the security deposit. If the payment is refused by the credit card company linked to his/her CANO account, the account will be blocked, and the user will have to contact customer service at info@canotogo.com to have it reactivated.
5.6 The rates and prices outlined in this section are applicable as of the beginning of the Service period and may be modified by the Provider, at any time, without prior notice. These rates and prices exclude applicable taxes.
5.7 The user acknowledges and accepts that a preauthorization of $0.01 may occasionally be deducted and refunded to the user’s credit card for the purpose of verifying the latter’s validity.
5.8 The Service is only accessible for valid Visa or Mastercard credit card holders.
5.9 After each use of the Service, a transaction history will be available to the user via the CANO mobile application. In the event of a discrepancy concerning a transaction, the user must provide the corresponding transaction number to identify the places and times the container was rented and returned.
SECTION 6
AVAILABILITY OF THE CANO SERVICE
6.1 Use of the Service is limited to a period of 7 consecutive days (“Permitted Period of Continuous Use”).
6.2 The data generated by the Service’s computer system will indicate and serve as proof of the length of time that the user had the container in his/her possession.
6.3 The Service is available 7 days a week, 24 hours a day, without interruption, except in the event of force majeure, conditions that could endanger the user, or a decision by the competent authorities to limit Service use.
6.4 Access to the Service is conditional upon the availability of containers at each location. Users may check the CANO mobile application to verify the number of containers and available at nearby locations.
SECTION 7
TERMS AND CONDITIONS OF USE
7.1 Terms and Conditions of Service Use
7.1.1 Users who wish to obtain access to the Service must accept the Terms and Conditions of Service Use and enter their credit card information via the CANO mobile application.
7.1.2 The user can choose any container available.
7.1.3 The user scans the container via the CANO mobile application to confirm the borrow.
7.1.4 To confirm the transaction information, the user shows the mobile phone screen to the employee at point of sale.
7.1.5 To finalize the transaction, the user scans the CANO card at point of sale via the CANO mobile app under the supervision of the employee at point of sale.
7.1.6 To return a container, the user scans the container via the CANO mobile app and places the container in a CANO collection bin.
7.1.7 Users can ‘’refill’’ a container for an unlimited amount of times as long as every step is followed. The user can elect to keep the container for ‘’refills’’ without placing the container in a CANO collection bin. The user has the same 7-day maximum period of use.
7.2 System malfunction
If the CANO mobile app does not function properly, the user transfers any drink or food to a single use container at point of sale. The user cannot borrow the container without our System validating the transaction.
7.3 Transaction history
Users can access their transaction history via the CANO mobile app.
7.4 Lost or Damaged CANO containers
A CANO container that has been lost or rendered unusable by the user will trigger a 10$ charge as the normal return of the container is impossible.
SECTION 8
USER OBLIGATIONS
8.1 The user agrees to utilize the Service in a responsible manner, for the purposes for which it is intended, and in accordance with these T.C.A.U.
8.2 The user agrees to utilize the container in a responsible manner, which excludes (without limitation):
8.2.1 any use in conditions likely to damage the container;
8.2.2 any use of the container that endangers the user or third parties, including transporting any dangerous content in any manner whatsoever;
8.2.4 any dismantling or attempt to dismantle the container, including theft of the container or any part thereof;
8.2.5 And, more generally, any improper use of the container.
8.3 The user is responsible for the containers that he/she borrows. The user must take every possible precaution to prevent the container from being lost, damaged, or destroyed.
8.4 The user agrees to return the container within the Permitted Period of Continuous Use (the additional charges provided for in Sections 6.3 and 7.3 apply to any use that exceeds the initial 7-day period provided for therein) and acknowledges that failure to comply with this obligation will result in a maximum fine of $10 payable to the Provider. The exact amount of the fine will be determined in accordance with Section 15.1.1 of these T.C.A.U.
8.5 The user agrees to immediately return the container upon the Provider’s request.
8.6 Users who have agree to use their CANO mobile application for the sole purpose of identifying themselves at a partnering location or to the Provider, in order to rent a container.
8.7 The user agrees to report any problems related to the use of the CANO mobile application and/or container to the Provider as soon as possible (within 24 hours at the latest). To do so, he/she must contact the Provider at info@canotogo.com. The user remains fully and entirely responsible for the container until it is either secured in a CANO collection bin or delivered into the hands of a Provider Representative.
SECTION 9
CANO SERVICE USE RESTRICTIONS
9.1 CANO containers, mobile application and collection bins are the property of the Provider. Users are prohibited from lending, renting, and/or assigning them to another user. Nor may CANO containers, mobile application and collection bin be used in any manner contrary to the provisions set forth in these T.C.A.U.
9.2 Users are expressly forbidden from allowing third parties to use the container, which remains the property of the Provider, in any manner whatsoever, whether free of charge or against payment.
9.3 CANO Service is not targeted towards, nor intended for use by, anyone under the age of 13. If you are between the ages of 13 and 18, you may only use the CANO Service under the supervision of a parent or legal guardian who agrees to be bound by this Agreement.
SECTION 10
USER RESPONSIBILITIES AND DECLARATIONS
10.1 The user is solely and exclusively responsible for any damage incurred as a result of the container’s use, during the entire use period, including time that exceeds the Permitted Period of Continuous Use.
10.2 The parents or legal representatives of any minor who accesses the Service will be liable for any damage directly or indirectly caused by said minor as a result of Service use.
10.3 In the event of an accident and/or incident involving a container, the user is obligated to report the facts to the Provider, by contacting info@canotogo.com within 24 hours following the occurrence thereof. The user remains fully and entirely responsible for the container, until it is either secured in a CANO collection bin or delivered into the hands of a Provider Representative. If the container is not secured in a CANO collection bin or delivered by hand, the user must otherwise secure it.
10.4 In the event that a container under the user’s responsibility disappears, the user is obligated to : report its disappearance to the Provider, by contacting info@canotogo.com, within 24 hours following the event’s occurrence.
10.5 Any rentals in excess of 7 days (beginning once the container has been borrowed at a point of sale) will be deemed as a disappearance of the container, until such time as the container is found or returned, and could result in the application of the fines outlined in Sections 11.5 and 15.1.1.
10.6 The user declares that all information pertaining to him/her is accurate and, more particularly, that he/she meets the conditions set forth herein.
SECTION 11
FINES
11.1 Should a user fail to comply with his/her obligations hereunder, the Provider will charge him/her the following fines:
11.1.1 Disappearance of a container in contravention of Section 11.5: $10;
11.1.2 The cost to repair any container damage attributable to the user : $10.
11.2 The total amount of the fine (see Section 15.1) is due upon the Provider’s initial request, once it has been determined that the user is in breach of his/her obligations hereunder.
11.3 If a container disappears or is stolen, the Provider will collect the amount of the security deposit, previously agreed to by the user, and will reimburse any excess amount collected in relation to the amounts set forth in Section 15.1 within 30 days.
SECTION 12
CHANGE IN RELATIONSHIP WITH THE CREDIT CARD ISSUER
During the long-term membership or short-term access validity period, the user agrees to report any changes in his/her relationship with the issuer of the credit card on record, particularly changes that may affect authorization to charge the credit card (as agreed upon by the issuer thereof). Notwithstanding the foregoing, the user hereby authorizes the Provider to contact his/her credit card issuer in order to update any information needed to charge said credit card.
SECTION 13
CONFIDENTIALITY AND USE OF PERSONAL INFORMATION
In accordance with legislation concerning the confidentiality of personal information, any user may access and, if applicable, correct or delete information pertaining to him/her, by contacting customer service at info@canotogo.com (see Article 20 for the Provider’s contact details). Users are invited to consult CANO’s privacy policy on our website.
SECTION 14
INTERPRETATION AND T.C.A.U. ASSIGNMENT
The user hereby agrees to comply with these T.C.A.U. The user understands and agrees that any breach of these T.C.A.U. may result in the cancellation of this agreement, as provided for by law. No rights or privileges arising from these T.C.A.U. may be assigned to anyone else, in any manner whatsoever.
SECTION 15
TERMINATION
15.1 The user may terminate the agreement governed by these T.C.A.U., without incurring any charges or fines, before the Provider has started to perform its principal obligation. To do so, the user must send written notice to the Provider or unregister from the service via the CANO mobile app as long as any container borrowed is returned and that the user conforms to every obligation included in this agreement.
15.2 If the Provider has started performing its principal obligation, the user may cancel the agreement governed by these T.C.A.U. at any point in time, by sending written notice to the Provider or by unsubscribing via the CANO mobile app.
SECTION 16
CONTACT DETAILS FOR CANO
Contact CANO :
Mailing address: 5568 rue Clark, Montreal
Email: info@canocompany.com
Website: canocompany.com
SECTION 17
APPLICABLE LAW AND DISPUTE RESOLUTION
Any dispute related to the terms herein will be submitted to the courts of competent jurisdiction in the district of Montréal, in the Province of Québec, to which the Parties expressly attribute jurisdiction. These T.C.A.U. are subject to the applicable laws of the Province of Québec.
SECTION 18
LIMITATION OF LIABILITY
The user, as well as any other person or entity, acknowledges that the Provider, Provider Representatives, Partners and Partner Representatives are not liable for any indirect, punitive, exemplary, circumstantial, or special losses or damages (including, without limitation, damages for pain and suffering, emotional distress, or similar damages; business interruption; damage to reputation; loss of information; loss of profits; loss of income, loss of wages; or any other compensation) resulting from Service use, even if the Provider (or any Provider Representative) or its Partners (or any Partner Representative) has been informed of the potential for such loss or damage or if such loss or damage was foreseeable.
SECTION 19
INDEMNITY
The user indemnifies and holds the Indemnified Parties harmless from and against any claims brought by third parties resulting from (a) his/her use of the Service, including—but not limited to—damage to persons or property, personal injury or death caused by the user, and/or (b) any breach of these T.C.A.U. by the user. The user acknowledges that the Indemnified Parties have no liability in connection to any such claim and agrees to hold the Indemnified Parties harmless from and against any and all resulting losses, damages, judgements, awards, costs, expenses, and legal fees arising hereunder.
SECTION 20
CANO REWARDS
20.1 CANO Rewards is one way in which CANO endeavors to reward and thank loyal customers for patronizing our the business of its partners, purchasing their products and borrowing containers. CANO members are able to earn and accumulate "Points" that can be redeemed for CANO Rewards benefits ("Rewards") at participating CANO partners and are eligible to receive certain additional benefits. Unfortunately, not all CANO partners have the ability to award Points or redeem Points for Rewards at this time.
20.2 The Rewards that are available to you through CANO Rewards are based on the number of Points that you earn. You can earn Points by making purchases and borrowing containers with a CANO app at participating CANO partners.
You will earn Points in different ways, including but not limited to : 1) the value of your purchase you spend at participating CANO partners 2) the number of containers borrowed and returned within a certain amount of time at participating CANO partners 3) successfully achieving certain in-app actions 4) participating in special offers from CANO or its partners.
20.3 Generally, Points are automatically added to your CANO Rewards account within twenty-four (24) hours of when you earned them.
20.4 If you void a purchase or return merchandise purchased with the CANO app, CANO will deduct the Points that you earned for that purchase, potentially resulting in a negative Points balance on your CANO Rewards account.
20.5 Points expiration. Unless otherwise required by law, Points accrued in your CANO Rewards account expire six (6) months after the calendar month in which such Points were earned. For example, if you earn Points on April 5, 2019, they will expire on November 1, 2019. The oldest accrued Points will be used first for redemptions. You can view and track your Points balance and available Rewards, as well as any additional benefits for which you are eligible as a CANO Rewards member, by using the CANO mobile app.
20.6 As a member of CANO Rewards, you are eligible to redeem Points for complimentary CANO items at participating CANO partners. Rewards and Points redemption tiers vary by partner. Not all CANO partners have the ability to honour all Points redemption tiers, and the items available for redemption in each Points redemption tier may vary by CANO partners. You must present a CANO app registered to your CANO Rewards account to the point of sale employee at a participating CANO partner in order to redeem Points. You can only redeem one complimentary CANO item within a single order.
20.7 CANO or CANO partners may offer CANO Rewards members early or extended access to special menu items or discounts. You may take part in these offers by paying with a CANO app registered to your CANO Rewards account at participating CANO partners.
20.8 Personalized offers and coupons. Special offers may be distributed by email, through the CANO mobile app (including via push notifications). You may be required to opt-in and activate special offers via the CANO mobile app or via email. In order to receive and activate personalized special offers distributed via email, you must opt-in to receive promotional and marketing offers from CANO and you may be required to provide a valid email, telephone and physical address. Special offers may be customized based on your purchase behaviors and preferences, and may include periodic discounts on food, beverages and merchandise, or the opportunity to earn Bonus Points. Special offers may have certain restrictions, including expiration dates and short, time-limited redemption periods. Special offers are personal to you and cannot be shared, copied or transferred. You may be required to present or pay with a CANO app registered to your CANO Rewards account in order to redeem special offers. Read each offer carefully for specific details, expiration dates, limitations and restrictions, and to learn whether Bonus Points will be awarded to your CANO Rewards account.
20.9 There are no participation or membership fees associated with CANO Rewards. Points accrued in connection with CANO Rewards are promotional, have no cash value, and cannot be redeemed for cash. In addition, your redemption of Points accrued in connection with CANO Rewards cannot be combined with any other offers or discounts that are applicable to the Rewards for which you are redeeming such Points, unless otherwise expressly indicated by CANO.
Your Points, Rewards, CANO app registered to your CANO Rewards account, and your CANO Rewards account are personal to you and may not be sold, transferred or assigned to, or shared with, family, friends or others, or used by you for any commercial purpose. You may have only one (1) CANO Rewards account that is personal to you.
CANO reserves the right to suspend any CANO membership registered to your CANO Rewards account and/or terminate your CANO Rewards account and/or your participation in CANO Rewards if CANO determines that you have violated these Terms of Use or that the use of your CANO Rewards account is unauthorized, deceptive, fraudulent or otherwise unlawful. CANO may suspend, cancel or combine CANO Rewards accounts that appear to be duplicative. In the event that your participation in CANO Rewards is terminated, all accrued Points in your CANO Rewards account are void.
Any CANO membership or CANO Rewards account that has been inactive for two (2) consecutive years will be rendered inactive and unregistered. Inactivity is defined as no Points earned or redeemed during such two (2) consecutive year period. In the event that your CANO membership or CANO Rewards account is unregistered or rendered inactive, all accrued Points in your CANO Rewards account are lost.
CANO reserves the right to change, modify, discontinue or cancel CANO Rewards or any part of CANO Rewards at any time and in its sole discretion, without notice to you.
20.10 Severability. If any provision or part of a provision of these Terms of Use is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions.
20.11 CANO Rewards is not targeted towards, nor intended for use by, anyone under the age of 13. If you are between the ages of 13 and 18, you may only use the CANO Service under the supervision of a parent or legal guardian who agrees to be bound by this Agreement.
SECTION 21
CANO CASH
21.1 We issue a CANO Cash Account to you automatically when you register to the CANO app. It allows you to load a dollar value onto your CANO Cash Account for use at participating CANO Partners. The dollar value that you load onto your CANO Cash Account is a prepayment for the goods and services of participating partners. We offer the CANO Cash Payment Method to make it easier for you to shop with our partners and to make your relationship with them and CANO more rewarding. Unless otherwise required by law or permitted by this Agreement, the dollar value on your CANO Cash Account is nonrefundable and may not be redeemed for cash. The value on your CANO Cash Account is not insured by the Federal Deposit Insurance Corporation (FDIC), nor does it earn interest.
Only some CANO Partners accept the CANO Cash Payment Method. Certain CANO Partners may not permit you to use the CANO Cash Payment Method for payment. To find out if a particular store will accept the CANO Cash Payment method, please inquire at that store.
21.2 You can load you CANO Cash Account directly in the CANO app. You may not have more than $250 in value on any of your CANO Cash Account at any time, and no more than $250 may be associated with any one CANO Cash Account in a single day. This means that the activity on any one CANO Cash Account cannot exceed $250 over the course of a day. There is a minimum amount that you may load on any CANO Cash Account at any given time, and that amount is typically $10.
21.3 For credit cards, once an authorization is received, you may notice a decrease in your available credit line. Your bank may hold this dollar amount from your credit line or available balance for a short period of time determined by the policy of your bank before your Transaction is fulfilled. Your card will be charged only upon fulfillment of your Transaction. If your Transaction is cancelled, CANO will request an authorization reversal on your behalf. Reversal times may vary. We recommend contacting your bank or credit card company to learn about their authorization and authorization reversal policies.
All amounts loaded onto your CANO Cash Account are denominated in the currency of the country in which it was sold (the “base currency”). CANO Cash purchased in Canada can be used in other countries. When you make a purchase in a different country, the transaction total is converted from the currency of that country (the “local currency”) to the base currency and deducted from your CANO Cash Account balance. No fees or other charges are made to your CANO Cash Account for the currency conversion. However, note that your bank or card provider may charge you a separate fee if you are using a credit card or other accepted payment method to load your CANO Cash Account outside of Canada. CANO does not receive any portion of, and does not have any control over, any such fee. Although the actual balance of your CANO Cash Account is kept in the base currency, the balance shown on your receipt will be in the local currency of the partner location. Currency conversions are based on currency exchange rates applicable on the date of the transaction.
21.4 Automatic reload of your CANO Cash Account is available online through your CANO Cash Account. You simply set the reload date or the balance at which you want to reload and provide us with payment information. We will send you an email confirming the automatic reload transaction terms and bill your credit card according to the schedule and amount you have selected. We will also send you an email after each reload purchase to let you know your CANO Cash Account has been loaded. You can change your reload preferences at any time, but changes may take up to twenty-four (24) hours to go into effect.
To stop the automatic reload feature, you must log-in to your CANO app at least twenty-four (24) hours before the next scheduled reload. Once the dollar value is loaded, the Transaction cannot be reversed.
21.5 We do not charge any activation, service, dormancy or inactivity fees in connection with your CANO Cash Account. Your CANO Cash Account has no expiration date nor does the value on your CANO Cash Account ever expire.
21.6 When you use your CANO Cash Account, we will provide an automatic receipt. The receipt will indicate that the purchase was made using a CANO Cash Account and will provide the remaining balance of your CANO Cash Account. Please check your online transaction history regularly to ensure that your transaction history and account balance are correct.
21.7 We will not accept any CANO Cash Payment, or will limit use of any CANO Cash Account, if we reasonably believe that the use is unauthorized, fraudulent or otherwise unlawful, and we consider such action appropriate to limit our risk. If CANO discovers any CANO Cash Payment or CANO Cash Account was sourced or derived from fraud or other unlawful means, in our sole discretion, we may cancel all impacted CANO Cash Accounts and retain all related CANO Cash balances without notice to you. We may use retained CANO Cash balances to help offset our liability to card companies, networks and issuers of lost or stolen credit used to purchase or load CANO Cash Accounts.
21.8 CANO CASH is not targeted towards, nor intended for use by, anyone under the age of 13. If you are between the ages of 13 and 18, you may only use the CANO Service under the supervision of a parent or legal guardian who agrees to be bound by this Agreement.
REVISED 2020-02-13